Application No. 25496.
Decided March 19, 1941.
Assignments — Writ of Error.
In the absence of any assignment attacking the ruling of the Court of Civil Appeals on the issue of good cause, the application for writ of error will be dismissed for want of jurisdiction — Correct Judgment, without approving the holding on the question of whether good cause was plead or proven.
Application for writ of error to the Court of Civil Appeals for the Ninth District, in an appeal from Nacogdoches County.
Suit by Mrs. Lillie Davis, joined by her husband William Davis, against the Traders General Insurance Company, to set aside an adverse award of the Industrial Accident Board and to recover compensation on account of the death of her son, Fred Pellom, whose death on May 24, 1939, was alleged to be the result of injury received by him when his leg was broken in an accident on October 31, 1938, while in the employ of the Garrison Lumber Company. Defendant answered by plea in abatement, general demurrer, special exceptions, general denial and special answers. In the trial court a judgment for plaintiff was entered for compensation for 330 weeks and five days, at the rate of $7.00 per week from the date of the accident. This judgment was affirmed by the Court of Civil Appeals, 147 S.W.2d 908, and defendant has brought error to the Supreme Court.
Application dismissed for want of jurisdiction — Correct Judgment.
A.L. Lowery, of Nacogdoches, and Lightfoot, Robertson Gano, of Fort Worth, for plaintiff in error.
Collins, Williams Garrison and Sumner Williams, Jr., of Lufkin, for defendants in error.
A careful examination of the application for writ of error filed herein by plaintiff in error discloses that it contains no assignment attacking the rulings of the Court of Civil Appeals on the issues of good cause. We dismiss this application "W.O.J. — Correct Judgment," but in doing so we are not approving the holdings of the Court of Civil Appeals on the question as to whether or not the defendants in error plead or proved good cause for not filing their claim with the Industrial Accident Board within the time required by law. Vernon's Ann. Civ. St., Art. 8307, Sec. 4a.
Opinion delivered March 19, 1941.